Federal Court Sides with SEC in FOIA Dispute, Upholding Agency’s Withholding of Internal Documents

A federal court has granted summary judgment to the Securities and Exchange Commission (SEC), concluding that the agency was justified in withholding certain records related to a “control deficiency” under the Freedom of Information Act (FOIA). The decision marks a setback for the New Civil Liberties Alliance (NCLA), a non-profit organization that filed the lawsuit seeking transparency on the matter.

The case, New Civil Liberties Alliance v. Securities Exchange Commission , stems from an April 2022 public disclosure by the SEC about a “control deficiency” in its systems that allowed enforcement personnel to improperly access confidential adjudicative materials. The NCLA, which represents

See Full Page